Court No. - 39
Case :- WRIT - C No. - 35817 of 2018 Petitioner :- Mohd. Yameen Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Respondent :- C.S.C.,Sudha Pandey
Hon'ble B. Amit Sthalekar,J. Hon'ble Rajiv Joshi,J.
Heard Sri Vinod Kumar Tirpathi, learned counsel for the petitioner and Ms. Sudha Pandey, learned counsel for the respondent no. 3, bank.
The petitioner in the writ petition is seeking quashing of the recovery citation dated 30.9.2015 whereby a sum of Rs.11,72, 207/- has been sought to be recovered from him.
Briefly stated, the case of the petitioner is that he took loan of Rs.12,70,000/- in the year 2008 from the respondent bank for purchase of a truck, out of which he has deposited a sum of Rs.3,20,000/-. His case is that the truck has gone missing and therefore, his son has lodged a first information report being case crime no. 48 of 2016 under Section 379 I.P.C., P.S. Hasanpur, District J.P. Nagar.
The second prayer in the writ petition is that a direction be issued to the respondents to permit the petitioner to deposit the entire amount.
There is nothing on record to show that all the story of truck having gone misplaced and lodging of the first information report has been brought to the notice of the respondent no. 3, bank or even to the Insurance Company, respondent no. 4. There is also nothing on record to show that the petitioner has even approached the Insurance Company informing them about the theft and lodging an insurance claim in that regard. The recovery citation also is of the year 2015.
In this view of the matter, we are not inclined to interfere in the matter.
The writ petition is dismissed.
Order Date :- 29.10.2018 nd